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Colony Courts Amendment

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Colony Courts Amendment

Preamble

Whereas: Colonies such as the Minecraft Server should have the option to create and run their own courts under the SimDemocracy judiciary.

Part 1: Allowing Colonies to Establish Courts

§1. Article 9 §1 of the Constitution shall be amended to the following:

§1. The Courts, consisting of the Supreme Court, the Inferior Courts, and the Colony Courts, shall be the primary judicial body of SimDemocracy and shall represent the interests of the people by wielding judicial authority.

§2. Article 10 §1 of the Constitution shall be amended to the following:

§1. The Inferior Courts shall possess original jurisdiction of all criminal and civil cases not originating solely within a colony of SimDemocracy.

§1.1. If a colony of SimDemocracy does not have any Colony Courts, then the Inferior Courts shall also possess original jurisdiction of all criminal and civil cases originating within that colony.

§3. The Constitution shall be amended to add the following as Article 12:

Article 12: Colony Courts

§1. The Colony Courts for a given colony shall possess original jurisdiction of all criminal and civil cases originating solely within that colony.

§2. Magistrates for a colony shall be appointed by the Governor of that colony.

§2.1. These appointments may be subject to a confirmation vote in a legislature with jurisdiction over the colony.

§3. The first round of a case shall be heard by a Magistrate assigned through a rotating schedule, excluding inactive Magistrates, who must affirm their impartiality and the absence of conflict of interest.

§3.1. Magistrates must recuse themselves in the event they may have, or may appear to have, a conflict of interest in the case except in the case where no other Magistrate can be provided.
§3.2. In the event that a Magistrate refuses to recuse themselves a separate Magistrate or Judge shall rule whether they have a conflict of interest and whether to forcefully recuse them or not.

§4. The presiding Magistrate shall interpret and apply the laws of SimDemocracy and the colony.

§4.1. In cases not covered by law, Magistrates shall use their best professional judgment.
§4.2. Magistrates must provide the legal reasoning behind their judgements, citing relevant legislation and precedent.